cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Rezki Suci Qamaria
Contact Email
rezkisuciqamaria@iainkediri.ac.id
Phone
-
Journal Mail Official
jurnalmahakim@iainkediri.ac.id
Editorial Address
Jl. Sunan Ampel No. 7 Ngronggo Kediri 64127, +62354 686564
Location
Kota kediri,
Jawa timur
INDONESIA
MAHAKIM: Journal of Islamic Family Law
Published by Institut Agama Islam Negeri Kediri
ISSN : 25974246     EISSN : 26158736     DOI : https://doi.org/10.30762/mahakim.vxix.xxx
Core Subject : Social,
Social Sciences
The aim of the Journal of Mahakim is to publish the results of scientific research, especially in the field of Islamic family law which includes: Wedding Divorce Inheritance Family rules (obligations and rights in the family) Mahar and guardianship Religious Court Comparison of Islamic family law Islamic family law approach to interdisciplinary disciplines
Arjuna Subject : Umum - Umum
Articles 99 Documents
 6   7   8   9   10 
Poligami Indonesia dan Maladewa: Sebuah Perbandingan atas Keberanjakan Hukum Keluarga Islam putri, suci ramadhani; Yulinda, Deva; Arqurnain, Weis
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.196

Abstract

This article aims to provide an overview of Indonesia and the Maldives as well as the development of Islamic family law in each country, then compare the provisions of polygamy in both countries, both the similarities and the differences. This is followed by analyzing the changes in polygamy provisions that have occurred in the two countries. This article is qualitative research that uses library research. The primary data source for this research is the laws and regulations in both countries that regulate polygamy. The secondary data source is any literature that is relevant to this research. These various data were analyzed using deductive analysis techniques. Legal reforms in the realm of Islamic family law have been carried out by many Muslim countries in the world, including Indonesia and the Maldives. Even though Indonesia and the Maldives share the majority of the Syafiʽi sect, both of them have various differences as well as various similarities regarding the provisions of polygamy. These differences are inseparable from various factors, such as history and geographical location; legal system; social, economic, and cultural; gender relations; and development of family law. This article argues that the Islamic family law reform method for the topic of polygamy in Indonesia tends to apply both intra-doctrinal reform and extra-doctrinal reform. The Maldives tend to only apply the extra-doctrinal reform.
Kesetaraan Gender dalam Hukum Kewarisan Islam Perspektif M. Syahrur zahro, Fatimatuz; Pramesti K.M, Shinta
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.201

Abstract

Islam beautifully respects and glorifies the dignity of a woman. This is proven in the Qur'an Surah a Nisa' verse 11 that women are also entitled to a share in the inheritance. The actual phenomenon is that currently, women are considered capable of being independent. At the same time, the concept of inheritance distribution is guided by justice and is not measured by the level of equality. The problem of gender equality in the distribution of portions of inherited assets is like a snowball that rolls further and further and raises issues of gender equality that have occurred to date. The gender gap in inheritance law appears against the background of some parties whose sense of justice is not fulfilled. The portion of the distribution often triggers disputes between men and women. This research focuses on applying the inheritance distribution system according to classical Fiqh Mawaris with Islamic inheritance in KHI and analyzes the problems of gender equality in Islamic legal inheritance. This study uses a type of normative legal research. This method focuses on legal principles and finds coherent truths. Legal rules are conceptualized as norms in a broad scope. Sources from the normative side come from laws and regulations, court decisions, and doctrines from legal scientists with the approach taken. The concept in this research is carried out by looking at various points of view and phenomena of doctrinal development in the science of law. This study concludes that from the portion of the heirs, there are similarities between classical rose is and KHI. Still, the difference is read in the distribution of inheritance in classical Islamic law. The compilation of Islamic law is the way to draw lineages based on males as a result of female offspring which is called dzawil arham is covered by men. In contrast, in the compilation of Islamic law, the way to draw lineages is based on a bilateral principle so that female offspring are not covered by men, Islamic inheritance law in Indonesia seeks to reform to accommodate a sense of justice. However, its efforts it does not necessarily reduce the problems of gender equality that exist in society.
Perkawinan Siri Sebab Tidak Memiliki Akta Perceraian dari Perkawinan Sebelumnya (Studi Kasus di Desa Sedayulawas Kecamatan Brondong Kabupaten Lamongan) Khoiriyah, Nadya; Nafik, Moh.; Rizal, Moch. Choirul
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.218

Abstract

The magnitude of the practice of unregistered marriages that occurred in Sedayulawas Village is the main point the problem in this research is that the factors are very diverse, ranging from pregnancy outside the marriage, economy, desire for polygamy, avoiding adultery, and divorce are not recorded. Then the factor that becomes the focus of this research is unregistered divorce (not before the Court) with the highest number of perpetrators, namely ten people who have an impact on the occurrence of a second marriage in a series, because there is one of the administrative requirements which cannot be fulfilled is the divorce certificate. The interesting thing about the serial marriage, which is carried out by the wife, which if it is considered in the positive legal status that applies in Indonesia, she is still married to her first husband. This type of research is classified as an empirical legal research type with a static socio-legal or legal sociology. The data analysis technique used in empirical legal research is to take a systematic and factual picture. The results showed that the practice of unregistered divorces that occurred in Sedayulawas Village, Brondong District, is caused by several things, such as the economy, lack of understanding of the importance of recording divorce, and distance Courts far from the village. The practice of unregistered divorce is carried out very diverse ranging from vows of divorce verbally and in front of the village mudin (not before the Court) whose position does not have permanent legal force or is not recognized by the state. Because the implementation of divorce must be in accordance with the rules applied both in Undang-Undang Perkawinan Nomor 1 Tahun 1974 and Kompilasi Hukum Islam, if it is done outside of these rules then the divorce is not valid though has complied with religious rules.
Mediasi yang Berhasil dalam Perspektif Yuridis Normatif dan Sosiologis Zulfa, Indana; Muwaffiqillah, Moch.
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.220

Abstract

Mediation is an effort to resolve cases that are integrated with the judicial process. However, successful mediation is often seen only in withdrawing the lawsuit completely and ignoring other things. This research aims to determine the form of successful mediation from a normative juridical and sociological perspective. The research method used by researchers is normative juridical research with a statutory approach, by conducting a comprehensive study of primary legal materials, namely PERMA No. 1 of 2016 concerning Mediation Procedures in Court and secondary legal materials, namely articles about mediation. The research results obtained prove that mediation is a mandate from PERMA No. 1 of 2016 expected to resolve cases without going through examination at trial. Referring to Articles 29, 30, and 31 PERMA No. 1 of 2016, it can be understood that the form of a peace agreement through mediation can be said to be successful not only when the lawsuit regarding the object of the case is completely withdrawn. The withdrawal of some of the defendants and some of the objects of the case can also be said to be successful mediation in normative juridical terms. However, sociologically successful forms of mediation can be seen from the mediation that has been carried out by several Religious Courts in Indonesia which shows that the success of mediation is represented by the withdrawal of the entire lawsuit, although this does not deny the withdrawal of some of the defendants or objects of the lawsuit. However, it is as if the withdrawal of some of the defendants or objects of the lawsuit is considered not the real success of the mediation.
Pemberian Hak Administrasi Kependudukan Bagi Pasangan Kawin Belum Tercatat Perspektif Tujuan Hukum Gustav Radbruch Mahasina, Mohammad Wildan Raja; Isroqunnajah, Isroqunnajah; Hidayah, Khoirul
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.239

Abstract

This study's purpose is to see the application of policies to accommodate population administration rights for unregistered married couples at the Population and Civil Registration Office of the Gresik Regency. This research is field research presented with a qualitative descriptive approach based on Gustav Radbruch's theory of legal objectives. Data is obtained by going directly to the field by conducting interviews with relevant department employees and documentation. The results of this study indicate that the provision of population administration rights for unregistered married couples at the Population and Civil Registration Office of Gresik Regency is following policy procedures and does not violate the rules. Based on Gustav Radbruch's idea of legal philosophy about the purpose of law, the granting of population administration rights for unregistered married couples has fulfilled the elements of legal objectives, namely justice, legal certainty, and legal benefits. Legal justice is indicated by the fulfillment of the constitutional rights of unregistered married couples to obtain public services equally. Married couples who do not have a marriage certificate or marriage certificate can still record their marriage as husband and wife on the family card. Legal certainty is indicated by the fulfillment of procedures by applicable regulations. Legal expediency is indicated by the fulfillment of the civil rights of children of unregistered married couples in the form of ownership of birth certificates containing the names of the father and mother parents.
Urgensi Penggunaan Surat Keterangan Waris dalam Peralihan Hak sebagai Upaya Perlindungan dan Kepastian Hukum Ahli Waris Anita, Avisena Aulia; Widodo, Muhammad Fajar Sidiq
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.245

Abstract

Transfer of rights occurs due to inheritance, which requires a Certificate of Inheritance as a requirement in processing the transfer of rights, especially those transferred due to Inheritance. This is stipulated as a condition for inheritance because the Inheritance Certificate is proof of the condition of the person who died (heir), the inheritance (boedel), and who the heirs are left behind. Not only that, this is also an effort to provide legal protection and certainty for heirs. The research method uses normative juridical, as well as statutory and conceptual approaches. Using descriptive analysis which aims to describe various problem formulations and provide solutions related to the problem formulations above. From the research, it was found that the issuance of a Certificate of Inheritance by an agency is considered important because it is a tool to facilitate the management of the transfer of rights that occurs due to inheritance, especially for heirs as users of the Certificate of Inheritance and one thing is certain wherever the Certificate of Inheritance is made and issued either through a Notary, Inheritance Hall or sub-district will have permanent, binding legal force and be legally valid.
Islam dan Kebijakan Negara dalam Perlindungan terhadap Hak Reproduksi Pekerja Perempuan pada Keluarga Muslim Dwi Hermanto, Rendy; Nichlatus Sovia, Sheyla
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.268

Abstract

The position of women is clear both in terms of Islamic perspective and in terms of state policies in the form of laws and regulations that have placed women in a dignified position that can develop themselves in carrying out their roles, duties and functions. On the other hand, participating in maintaining a balance between family responsibilities and work outside the household without neglecting roles in the household and maintaining social and religious culture values. The existence of women workers cannot be denied, both on a large scale role in the development of the nation and state as well as on the scale of status and family welfare by working outside the home (productive work) or social activities in irder to actualize themselves. This research seeks to find a tangent point between Islamic teachings and state policies in providing protection for the reproductive rights of female workers. The results of the study show that the concepts contained in Islamic teachings and state policies have many tangent points related to the obligation to provide protection for workers, especially female workers and the fulfillment of their rights for the benefit of mankind as a whole.
Fenomena Childfree di Kalangan Selebritas Perspektif Maqasidy dan Utilitarianisme Sagita, Insharie Amarylis; Santoso, Lukman
MAHAKIM Journal of Islamic Family Law Vol 8 No 1 (2024): January 2024
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v8i1.316

Abstract

Changes in economic structure and ideology have an impact on the way modern humans view life and family. One of the paradigms shifts that has emerged is the decision of family couples to postpone pregnancy or even not to have children. This phenomenon is even starting to spread among Indonesian society, pioneered by several public figures. This article aims to explain the childfree phenomenon from the perspective of Maqasid Syari'ah Abu Ishaq Al-Syatibi and Utilitarianism. This research is classified as qualitative research using netnographic studies using several sources on social media platforms. Supported by a library research approach. The results of the research that has been carried out show that from the perspective of Maqasid Syari'ah Abu Ishaq Al-Syatibi the phenomenon of childfree is contrary to the concept of the main goal of Maqasid Syari'ah Abu Ishaq Al-Syatibi because looking after offspring is classified as the main goal where this phenomenon eliminates the nature of a woman, and This is also not in line with the purpose of marriage. In contrast to the utilitarian perspective that childlessness has an impact on reducing the number of human populations and abandoned children throughout the world, on the other hand, women have the right and freedom to choose whether to have children or not. If the decision not to have children does not harm other people and no party feels disadvantaged, the decision can be accepted. The contribution of the results of this research can be used as material for consideration in formulating policies in responding to the childfree phenomenon so that it is more open and wiser from various points of view.
Analisis Wacana Iddah Bagi Laki-Laki Ditinjau Dari Perspektif Feminis Muslim dan Perspektif Fiqih Ilyas, Fadlulloh; Huda, Moh. Shofiyul; Zahro’, Fatimatuz
MAHAKIM Journal of Islamic Family Law Vol 8 No 2 (2024): July 2024
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v8i2.317

Abstract

Abstrac This is a research of normative legal research type using a conceptual approach. The purpose of this study is to explore the discourse of iddah for men from the perspective of Islamic feminism and to reconstruct the view of classical fiqh, as well as to measure the possibility of implementing this iddah in contemporary society. The findings of this study can be concluded that the application of iddah for men is in line with the basic principles of the Qur’an, namely justice and benefit, and strengthens the view that Islam is a universal religion and a mercy for all creation, including women. However, from the perspective of fiqh, there are two different views. First, the view that iddah for men is not part of Islamic law, because it is considered a legal provision that must be carried out without question or debate. Second, the view that iddah for men is part of Islamic law. In this view, men are given the responsibility to fulfill a number of obligations during the woman’s iddah period, such as providing for her, living together, and calculating iddah, provided that they do not harm their wives. Based on the principle ما لا يتم الواجب الا به فهو الواجب, iddah for men is considered an obligation. This research is an effort to discuss and detail various views related to this issue, promote a deeper understanding of Islamic feminism, and consider the practical impact of fiqh views on iddah for men in contemporary society. Keywords: Iddah, Fiqh, Feminisme Islam. Abstrak Penelitian ini merupakan jenis penelitian hukum normatif dengan menggunakan pendekatan konseptual. Tujuan penelitian ini adalah untuk mendalami wacana iddah bagi laki-laki dari perspektif feminisme Islam dan merekonstruksi pandangan fiqih klasik, serta mengukur kemungkinan penerapan iddah ini dalam masyarakat kontemporer. Hasil temuan penelitian ini dapat disimpulkan bahwa penerapan iddah bagi laki-laki sejalan dengan prinsip-prinsip dasar al-Qur'an, yaitu keadilan dan kemaslahatan, serta memperkuat pandangan bahwa Islam adalah agama universal dan rahmat bagi seluruh alam, termasuk perempuan. Namun, dalam perspektif fiqih, terdapat dua pandangan yang berbeda. Pertama, pandangan yang menyatakan bahwa iddah bagi laki-laki bukan merupakan syariat Islam, karena dianggap sebagai ketentuan hukum yang harus dilaksanakan tanpa pertanyaan atau perdebatan. Kedua, pandangan yang memandang iddah bagi laki-laki sebagai bagian dari syariat Islam. Dalam pandangan ini, laki-laki diberi tanggung jawab untuk memenuhi sejumlah khitab selama masa iddah perempuan, seperti menafkahi, tinggal bersama, dan menghitung iddah, dengan syarat tidak membahayakan istrinya. Dengan berpegang pada prinsip ما لا يتم الواجب الا به فهو الواجب, maka iddah bagi laki-laki dianggap sebagai kewajiban. Penelitian ini merupakan upaya untuk mendiskusikan dan merinci pandangan beragam terkait isu ini, mempromosikan pemahaman yang lebih dalam tentang feminisme Islam, dan mempertimbangkan dampak praktis dari pandangan fiqih terhadap iddah bagi laki-laki dalam masyarakat kontemporer. Kata Kunci: Iddah, Fiqih, Feminisme Islam
Kepastian Hukum Perkawinan Beda Agama dalam Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023 Alfikri, Ahmad Faiz Shobir; Izzuddin, Ahmad
MAHAKIM Journal of Islamic Family Law Vol 8 No 2 (2024): July 2024
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v8i2.351

Abstract

Supreme Court Circular Letter (SEMA) No. 2 of 2023 contains the latest regulation on interfaith marriage. This study examines the legal position of SEMA No. 2 of 2023 from juridical, sociological, and philosophical perspectives. In addition, this study also analyzes the application of SEMA No. 2 of 2023 based on the principle of legal certainty according to Gustav Radbruch. This research uses normative legal research methods with statutory and conceptual approaches. Data collection was conducted through a documentation study. The results showed that SEMA No. 2 Year 2023 is juridically recognized and has binding legal force based on Article 8 paragraph (1) of Law 12/2011 and Article 79 of the Supreme Court Law. Sociologically, SEMA No. 2 Year 2023 is following the social reality in the community. Philosophically, establishing SEMA No. 2 Year 2023 aims to create legal unity and certainty. However, the implementation of SEMA No. 2 Year 2023 is considered not optimal because it does not fulfill all aspects of the principle of legal certainty according to Gustav Radbruch. The aspects of legal certainty that are fulfilled in SEMA No. 2 Year 2023 include laws formulated based on facts and clarity in formulation. Meanwhile, the positive law aspect has been partially fulfilled, but the legal stability aspect, which requires the law not to be easily changed, has not been fulfilled. This research is expected to contribute to legal development in Indonesia, especially regarding interfaith marriages.

Page 9 of 10 | Total Record : 99

 6   7   8   9   10 

Filter by Year

2017 2025


Reset
Filter By Issues
All Issue Vol 9 No 2 (2025): December 2025 Vol 9 No 1 (2025): June 2025 Vol 8 No 2 (2024): July 2024 Vol 8 No 1 (2024): January 2024 Vol 7 No 2 (2023): July 2023 Vol 7 No 1 (2023): January 2023 Vol 6 No 2 (2022): July 2022 Vol 6 No 1 (2022): January 2022 Vol 5 No 2 (2021): July 2021 Vol 5 No 1 (2021): January 2021 Vol 4 No 2 (2020): July 2020 Vol 4 No 1 (2020): January 2020 Vol 3 No 2 (2019): July 2019 Vol 3 No 1 (2019): January 2019 Vol 2 No 2 (2018): July 2018 Vol 2 No 1 (2018): January 2018 Vol 1 No 2 (2017): July 2017 Vol 1 No 1 (2017): January 2017 More Issue